Global Equity Management (SA) Pty. Ltd. (“GEMSA”), a foreign non-practicing entity (“NPE”) organized under the laws of Australia, filed almost 40 patent lawsuits in five batches in 2015 and 2016. The majority of these...more

Since 2013, Charles C. Freeny III, Bryan E. Freeny, and James P. Freeny (“the Freenys”) have filed more than 50 patent infringement cases, all in the Eastern District of Texas, against a variety of technology companies who...more

Companies that hold patents so that they can sue companies in an effort to generate revenue rather than create their own goods and services—also known as “patent trolls,” nonpracticing entities (NPEs), or patent assertion...more

This past June, a group of U.S. Senators introduced the first patent-focused piece of legislation of the 115th Congress: the STRONGER Patents Act of 2017, which proposes a myriad of changes to the United States patent system....more

We’ve spent time discussing the patent troll phenomenon in the past. Patent trolls are less pejoratively referred to as non-practicing entities, because they do not make or use the inventions covered by their patents. ...more

Needless to say, a finding of exceptionality under 35 U.S.C. § 285 can have crippling consequences. Just ask Rembrandt Technologies, LP, which recently was slapped with an order to pay the prevailing defendants in a...more

The U.S. patent system has long struggled to strike a balance that both encourages patent rights and prevents patent abuse. Finding that balance requires giving patent owners the right amount of patent enforcement power,...more

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

The Federal Circuit, in In re: TC Heartland LLC (No. 2016-105), recently issued an opinion denying TC Heartland’s petition for a writ of mandamus to direct the U.S. District Court for the District of Delaware to either...more

The term “Patent Troll” has been around for a long time. According to the Wikipedia page for “Patent Troll,” it was first used in 1993 to describe countries that file aggressive patent lawsuits. Though there are a variety of...more

In what is potentially the largest “patent troll” verdict in history, Apple has lost a $625 million patent jury award to VirnetX, according to Reuters news service. The jury verdict in the Eastern District of Texas includes...more

Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying budgets" are using...more

At the heart of almost every claim of patent infringement is a battle fought over the validity of the patent at issue. Born out of the idea that an invalid patent cannot be infringed, accused infringers have defended...more

Intellectual property litigation is expensive for both the plaintiff and defendant. However, because defendants are required to defend themselves in a lawsuit—in comparison to a plaintiff who has the choice to file and...more

Since the America Invents Act (AIA) passed in 2012, Covered Business Method (CBM) reviews have become the Sword of Damocles hanging over the heads of non-practicing entities, also referred to as patent trolls. Many CBM...more

New data shows a sharp increase in the number of patent troll lawsuits being filed against energy companies in 2015.
As we predicted in our March 2014 White Paper, “Are Patent Trolls Now Targeting the Energy...more

In the wake of Jon Stewart and Stephen Colbert leaving their respective shows on Comedy Central for newer pastures, John Oliver has emerged as a new beacon of political humor and satire. If you haven’t watched his show, and...more

On February 5, 2015, the House Judiciary Chairman, Rep. Bob Goodlatte (R-VA), flanked by a bipartisan group of his peers, reintroduced his “Innovation Act” (H.R. 9). The bill is the second time in as many years that the...more

On February 5, 2015, Congressman Bob Goodlatte reintroduced the “Innovation Act”; a bill designed to implement several changes to the legal framework governing United States patent law. The law is designed to make it more...more

A recent report shows interesting trends in US patent litigation:
- 5,002 patent infringement cases were filed in the US in 2014, up from 2,641 filed in 2010;
- Of those cases filed, the majority (61%) were...more

1. Defendant may not refer to plaintiff as a “patent troll” or reference “woodshedding.” It may however present evidence that plaintiff does not practice the patents-in-suit since that is relevant to damages....more

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